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ABDUL AZIZ versus THE STATE


Section 302 criminal code of conduct (v. 1898), section 164 judicial confession, the probable value of the accused's judicial confession, detained, cannot be used as a piece of evidence to convict the co-accused.

1987 M L D 1463

[Karachi]

Before Allahdino G.Memon, J

MUHAMMAD SHAFIQ--Applicant

versus

THE STATE--Respondent

Criminal Bail No.572 of 1987, decided on 18th May, 1987.

Criminal Procedure Code (V of 1898)--

---S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12--Bail--Period of more than two years had elapsed since accused was arrested but case had not yet been concluded--Accused not responsible for delay in conclusion of trial in any way--Bail granted to accused.

Sardar Muhammad Ishaq for Applicant.

Abdul Ghafoor Mangi,A.A.-G. for the State.

ORDER

The applicant is facing trial under section 12 of Zina (Enforcement of Hudood) Ordinance 1979 before the learned IIIrd Additional Sessions Judge, Karachi (South).

The main ground urged by the learned counsel for the applicant is that the applicant was arrested on 4-4-1985 and since then he has been in custody continuously and the case has not yet been concluded.

The delay in the case has not been occasioned by any act or omission on the part of the applicant or his counsel.

Mr. Abdul Ghafoor Mangi, learned A. A. G. appearing for the State has no objection to the grant of bail on the statutory ground of delay.

I have considered the contention of the learned counsel and have also gone through the case diary. The applicant was arrested on 4-4-1985 and period of more than two years has elapsed but the case has not yet concluded. The applicant and his counsel have not been responsible for delay in the conclusion of the trial in any way, I, therefore, direct that the applicant shall be released on bail on furnishing surety in the sum of Rs. 50,000 and P.R,. bond in the like amount to the satisfaction of the trial court.

M.B.A./M-165/K Bail granted.

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